Van Arsdale v. Joiner
Supreme Court of Georgia
Bailment. Pawn. Husband and wife. Damages. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Mrs. Joiner brought trover against Van Arsdale for a watch. She proved by her father that he gave the watch to her, that Van Arsdale had it and would not give it up, and that it was worth $375 00. Mrs. Joiner testified to the same facts, and that she loaned the watch to her husband for a few hours, and he pawned it to some one without her knowledge or consent.
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Bailment. Pawn. Husband and wife. Damages. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Mrs. Joiner brought trover against Van Arsdale for a watch. She proved by her father that he gave the watch to her, that Van Arsdale had it and would not give it up, and that it was worth $375 00. Mrs. Joiner testified to the same facts, and that she loaned the watch to her husband for a few hours, and he pawned it to some one without her knowledge or consent. Mr. Willis testified that the husband applied to him for $150 00 and got it by pawning the watch; that when the note was due and…
1Opinion of the Court
McCay, Judge.
In one view of this case, it is all for the defendant in error. If the watch was hers, and her husband had no authority from her to pledge it, then it is clear that she has a full right to recover its full value, with interest from the date at which the value is ascertained.. But there was some evidence before the jury that she had authorized her husband to raise money on the watch. This would clearly confer on him the power to pawn it as security for the money; and the defendant in the suit had the right to have the law, in this aspect of the case, presented to the jury. In this…
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